Attorney general voter guide: Brasher challenging Hilgers in general election

The 2026 race for Nebraska attorney general pits Republican Mike Hilgers against Democratic challenger Jocelyn Brasher.

Hilgers, a former state senator, is completing his first term as attorney general. Brasher, who has served as a county-level prosecutor and assistant attorney general, is trying to replace him.

This year’s race could pose a tougher challenge for Hilgers than his previous election.

In 2022, Hilgers easily won the Republican nomination after then-Attorney General Doug Peterson declined to seek reelection. No Democrat filed to run, leaving Larry Bolinger of the Legal Marijuana Now party as Hilgers’ only general election opponent. Hilgers won in a landslide, gaining 70% of the vote to Bolinger’s 30%.

In office, Hilgers has maintained a high-profile presence, challenging the validity of a medical cannabis initiative approved by voters in 2024 and leading or assisting in federal cases like challenging the Biden Administration over student loans and California over strict diesel truck emissions standards.

Brasher has criticized Hilgers’ actions on medical cannabis and other issues and has vowed to refocus the office on areas like consumer protection if elected.

Jocelyn Brasher

Brasher, 36, was born and raised in Nebraska before getting a philosophy degree at Auburn University. After returning to get her law degree at Creighton University, she worked for the Dawson County Attorney’s Office in child support enforcement, the Nebraska Attorney General’s office in consumer protection, and the Dodge County Attorney’s Office as a prosecutor.

Brasher said in her campaign she’s hearing four main concerns from Nebraskans: a need to focus on consumer protection, strengthen public safety, respect Nebraska voters’ decisions, and fight corruption.

She said she views consumer protection as a means of increasing affordability, using state antitrust laws to combat price gouging and corporate misbehavior.

On public safety, she said she would appoint a task force her first day in office to combat online crimes against children and try to prevent them before they occur. Brasher said she wants to work with local law enforcement using techniques like stings to stop exploitation.

Brasher criticized Hilgers for not respecting Nebraska voters’ decisions. She cited his ongoing opposition to the legalization of medical cannabis. Seventy-one percent of Nebraska voters approved legalization in 2024, but Hilgers opposed measures that advocates said were needed to implement the law, and challenged its validity because some of the signatures that put it on the ballot were fraudulent. The state Supreme Court rejected that challenge, but two years after voters approved the initiative, there are still no dispensaries operating in the state.

Brasher also objects to Hilgers’ challenges to ordinances in Omaha and Lincoln that require a minimum wage higher than the state’s. Hilgers has challenged that, arguing that state law preempts local ordinances.

“I won't address, like, whether I think that's a legitimate argument or not,” Brasher says. “What I will address is that I think that Nebraskans have made their voices clear on what they want, and that's a set minimum wage at what Omaha and Lincoln have tried to put into place.”

Regarding corruption, Brasher criticized Hilgers for not being involved in investigating an emergency, no-bid $2.5 million contract, encouraged by Gov. Jim Pillen, between the Department of Economic Development and the consulting firm Global Sustainability Developers, LLC (GSD).

Auditor Mike Foley has said the contract appears to show favoritism, and he referred the matter to the attorney general and the State Patrol. Pillen has defended his actions, and the State Patrol turned the investigation over to the Lincoln Police Department because of a possible conflict of interest.

“It seems like this was turned over to our attorney general for investigation and potential prosecution, and it appears he is skirting the responsibilities and duties of this office based on political pressure,” Brasher said.

Brasher also objected to Hilgers making Nebraska one of only six states that signed onto a settlement agreement between the federal Department of Justice and Live Nation/Ticketmaster.

“We're talking about our attorney general giving Live Nation and Ticketmaster a sweetheart deal, and that affects the amount you're paying for your tickets," she said.

If elected, Brasher promised to improve transparency by issuing a press release about every settlement and lawsuit she enters into. “That is what Nebraskans deserve because this is their office and they deserve to know what's going on in the office,” she said.

Mike Hilgers

Hilgers, 47, was born and raised in Nebraska before earning a bachelor’s degree in economics from Baylor University and a law degree from the University of Chicago. He clerked for a federal judge and worked in private practice before returning to Nebraska and founding a law firm.

Hilgers began his political career in 2012, losing a race for the Legislature that year and for attorney general in 2014. But in 2016 he was elected to the Legislature, serving six years, including two as speaker, before being elected attorney general in 2022.

Hilgers said his accomplishments in his first term include building an elite team of lawyers and picking fights with powerful interests. He cited a successful challenge, begun under his predecessor, to a Biden Administration student loan forgiveness program. He said the right way to have done that would have been by getting Congress to approve. And he called victory in the Supreme Court an “enormously consequential” decision, adding “if we would have lost, that) would have had a lot of negative consequences for future administrations. Because if you could spend half a trillion dollars without congressional authorization in that context, then you could do it in others, Republican (or) Democratic administrations alike.”

Hilgers has also led the fight against the legalization of medical cannabis, which was approved by the state’s voters in a 2024 ballot initiative. After fraud was discovered in the collection of some of the signatures that put the measure on the ballot, Hilgers pursued a case up to the Nebraska Supreme Court arguing that the whole initiative should be thrown out. The Supreme Court ruled against that argument. Hilgers called that a “sad day” for election integrity in Nebraska but said he will follow the law.

Hilgers also intervened on another issue stemming from a citizen-approved initiative. In 2022, voters approved raising the minimum wage to $15 an hour by 2026. However, this year the Legislature carved out exceptions that allow paying some teen workers only $13.50. The Lincoln and Omaha city councils then passed ordinances mandating a $15 minimum wage. Hilgers went to court against the cities, which Brasher cited as further evidence he is ignoring the wishes of voters. Hilgers demurred:

“The will of the people that matters to me is the Constitution first and foremost," he said. "And what it has said, what it says, is that the people can pass petitions, which they did, and it also says the Legislature has the ability and the power to modify those petitions, so long as they have 33 votes… which they did. Those two things are authorized by the people. The third thing, which is not authorized by the people, is that the city of Lincoln or the city of Omaha, home rule charter or not, have any ability whatsoever to modify, partially repeal, otherwise change laws passed by the state Legislature."

Hilgers also defended joining the Live Nation/Ticketmaster settlement, rather than seeking a better outcome by joining other states in a lawsuit.

“We could have maybe gotten 10% to 15% more for Nebraskans, but there's significant uncertainty, and so we believe it was a good settlement with what we knew at the time,” he said. He said Nebraska differs from other states that have venues owned by Live Nation.

Hilgers rejected Brasher’s criticism that he is skirting responsibility for investigating the governor on the no-bid contract with GSD due to political pressure.

“We have never recused ourselves,” he said. After the Lincoln Police have finished their investigation, he said, “we will collectively look at the results and determine the right course of action.”

Looking to the future, Hilgers said two significant fights will be his case against social media giants TikTok and Roblox for harming children, which he called “critical cases for kids and for parents.”

Reflecting on medical marijuana, Hilgers summed things up in a way that could be applied to his other legal battles. He predicted resistance to the spread of marijuana will ultimately be vindicated.

“But I don't do things to be vindicated or not be vindicated. I just do whatever I the thing that I think is right, and partly when I make campaign statements like that, partly what I'm trying to convey… is that I will have the courage of my convictions to do the right thing,” he said.

Important election dates and reminders

Nebraska’s general election is Tuesday, Nov. 3. Most county election offices begin sending early voting ballots in September.

Voters can cast their ballots early, in person at their respective county election office starting Monday, Oct. 5. Voting in person at county election offices will end Monday, Nov. 2. All early voting ballots are due back to county election offices by the close of polls on election day. Ballots received after the polls close will not be accepted.

Polls will be open from 8 a.m. to 8 p.m. Central Time on election day, Tuesday, Nov. 3. Voters can locate their polling place online at Nebraska’s VoterCheck system. There, voters can also verify that their voter registration information is up to date and preview their ballot once those are finalized by county election offices.

There are two voting registration deadlines ahead of the general election. Friday, Oct. 16 is the final day Nebraskans can update their voter registration information or register to vote online, by mail, at the DMV, via personal agent or via deputy registrar. Friday, Oct. 23 is the final day Nebraskans can update their voter registration or register to vote in person at their respective county election offices.

Read Nebraska Public Media News’ election-related coverage on our Campaign Connection page.